‘I’ve Committed No Conflict of Interest; Motion to Recuse Denied’

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Chief Justice ruling in the recuse petition against him on Tuesday, Feb. 19, 2019.

-Chief Justice Korkpor

Chief Justice Francis Saye Korkpor has declared in his ruling that he committed no conflict of interest when he, along with other Justices, signed the judgment without opinion in favor of Associate Justice Kabineh Ja’neh for the failure of Madam Annie Yancy Constance to have perfected her appeal.

In the presence of lawyers representing the House of Representatives and those for Justice Ja’neh and members of the Senate, Chief Justice Korkpor stated: “Thus, the key deciding factor is whether the Justice has made a decision or a pronouncement on the merit of the case.

“It goes without saying, therefore, that since the Supreme Court did not decide the Constance case on its merits I, as one of the concurring Justices, in that case, have expressed no view and taken no position on the merits of said case that will work prejudice to Justice Ja’neh by my presiding over this impeachment trial,” Korkpor said.

So, for all intents and purposes, the Chief Justice noted that Justice Ja’neh should not be the one raising the issue of conflict, even if there were any.

“The further question is: Is it a conflict of interest for the Supreme Court to meticulously apply the law passed by the Legislature? Can one be adjudged liable or guilty for applying the law? The answer is no,” the Chief Justice said.

“Therefore, I committed no conflict of interest when I, along with three other Justices signed the judgment without opinion in favor of Justice Ja’neh for the failure of Madam Constance to have perfected her appeal. So, as I have said time and again, it is by the dictates of the 1986 Constitution that I should preside over this impeachment proceedings; it is not of my making. The Constitution does not say who presides over the impeachment of the president, vice president or an associate justice in the absence of the chief justice or when the chief justice is incapacitated or disqualified,” Korkpor added.

Chief Justice Korkpor noted, “based on what I have said and given the circumstances of this motion to recuse, I hold that Justice Ja’neh has not established any legal and/or factual ground for me to recuse myself. The motion to recuse is therefore denied and dismissed. It is hereby so ordered.”

Seconds after the Chief Justice handed down his ruling, Cllr. Arthur Johnson, on behalf of Justice Ja’neh, announced that “Counselors for Justice Ja’neh excepts to the ruling, and will make use of the statute…”

However, the Chief Justice yesterday announced that the litigants in the trial will meet this morning at 10:a.m. and carry on some preliminaries regarding motions, and pre-trial arrangements.

Writ of Prohibition filed Against Senate Leadership

Meanwhile, the Justice-in-Chambers at the Supreme Court, Cllr. Joseph Nagbe, has cited the leadership of the Senate to a conference today, February 20, at 2:00 p.m. the Temple of Justice for a prohibition petition filed by Justice Ja’neh.

The letter, dated February 18, 2019, did not give reasons for the writ of prohibition, but the writ came on the eve of a reserved ruling on the petition for the Chief Justice by Counselors of Ja’neh to recuse himself.

8 COMMENTS

  1. If I were Justice Janneh, given that Chief Justice Korkpor is refusing to recuse himself, I will not appear before him or attend what is definitely morphing into a Kangaroo trial. It’s like CDC presiding over the impeachment trial.

  2. The fact that Kporkor can say that and believe it mean that we are in serious trouble This man has no concept of the law Political motivation is his daily bread. Let him stay there, he will be the next person that they will start impeachment against this is just the stage for a change in the presidential term of office Johnnie Lewis must be turning over in his grave.

    • There is absolutely NOTHING here about “the law political motivation .” Janeh’s offenses as contained in the House ‘s Bill of IMPEACHMENT are absolutely THOSE any reasonable man might anticipate would be ABUSIVE AND WRONG! So, Keith and Bad I, DESIST from making wrong and disconnected references to ANY partisan politics or even politics between the three branches. The judge has long lost good reputation abd viability prior to his impeachment!. And because the Legislature who are THE PEOPLE fear Judge Janeh shall inflict further damage to our polity and further disrepute to the Supreme Court which is constitutionally and philosophically the conscience of the nation, if this judge remains within the judiciary or remains o the Bench of the Supreme Court, the Legislature – the bulwark of national oversight, must ensure that no further damage is done through impeachment, CONVICTION, and removal!

  3. If the Chief Justice had recused himself from the case who would have had a clean and neutral record to have presided over the impeachment process, this is a clear delay tactics put into place by the Ja’neh’s team. But the decision to impeach is solely the affairs of the senators, what is to happen will happen. The Kabineh Ja’neh’s legal team has just filed a motion to probate the impeachment, the more fight Ja’neh puts up with the senators, the more he loses sympathy from them. However, the due process is given him. Everyone knows that Kabineh Ja’neh is having his last hope in the ECOWAS court. We are watching with keen interest.

  4. CORRUPT IMPEACHED Janeh and his very DULL lawyers lacking a sound and LAWYERLY argument to prevent Janeh’s conviction, and removal, have childishly chosen to waste the Senate’s time and that of the Chief Justice. If presidential pardon is INAPPLICABLE in impeachment, NON – APPEALABILITY is the obvious. So, any thought about ECOWAS COURT is simply a wishful thinking and of course, a FALSE HOPE.

  5. James Boayue #0888305743 “Cal-li- foo- Ko” believes the chief justice is a puppet of Weah & a traitor to Nimba county
    The charges of corruption is common in Liberia. Why is it a crime for the nimbarian.
    I can work free of charge for this mockery of George weah doing
    James Boayue cell#0888305743

    Cal-li- foo- Ko
    Cal-lay-fooo-ko

  6. Counselor James boayue beware.you are disrespecting our president even though he us young,inexperience and very educated on statesmanship, economics,law and government. He will learn or his advisors will learn for him. JJames Boayue #0888305743
    You are s good l.j lawyer and feared by price Johnson, who regards y ou u as his father. All of us,near fanta know you as”Cal-li- foo- Ko”, which means fearsome and big in medicine
    Cal-lay-fooo-ko,even the superintendent look up to you.be xsteful so you don’t have nombarians raising up again

  7. This trial James boayue believes is unfair because of President Weah “push ik g it”

    Chief Lao, Saye kolley Boayue #0886257214 & counselor James noayue,his brother are feared inni.ba. people believe they are the protect. Cou parlor Boayue work with taylor that is why prince Johnson became his son and jewel taylor hid daughter before the confusion.

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